ST. LOUIS – Two individuals awarded a settlement in a wrongful death suit are seeking a judgment that Medicare is not entitled to any recovery from the settlement to satisfy any claim.
Lillian Reeves and Richard Powell filed a complaint on Dec. 8 in the St. Louis Circuit Court against Administrator Seema Verma of the Center for Medicare and Medicaid Services seeking declaratory judgment.
According to the complaint, on May 27, 2008, plaintiffs' father, Curtis Powell, passed away while in the custody of Parkside Towers Nursing Home. On March 26, 2015, the suit states the plaintiffs and Parkside reached a settlement of the wrongful death action against Parkside in the amount of $75,001, which was approved by the court without objection from defendant.
The plaintiffs seek declaratory judgment finding that the settlement entered between plaintiff and Parkside was for survival damages only and not for recovery of medical bills/expenses and that defendant is not entitled to recover from the said settlement. They are represented by Gaylard T. Williams of The Law Office of Gaylard T. Williams in St. Louis.
St. Louis Circuit Court case number 1822cc11797